Surgery Malpractice Attorney Cleveland | Surgery Lawsuits Cleveland

Surgery Malpractice

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Surgery Malpractice

Surgery Malpractice Attorney – Cleveland

Surgery Malpractice

As a Cleveland medical malpractice lawyer, I have seen, far too many times, the devastating effects of negligence from a botched surgical procedure. A single surgical error can have severe and permanent consequences for the patient and their loved ones.

If you or a loved one has been injured due to surgical malpractice, I can help you.

What Is Surgery Malpractice?

Surgery malpractice, also known as surgical malpractice, is a type of medical malpractice that occurs when a healthcare professional engages in improper, negligent or illegal activity during surgery. Medical malpractice lawsuits can be filed against the surgeon, anesthesiologist, or any other medical professional involved in the surgery, and who caused harm to the patient.

Patients who are injured as a result of surgical malpractice may experience severe physical pain and emotional trauma… sometimes even death. As I have seen so many times before, this is difficult not only on the patient, his/her caregiver and family, but can also cause an incredible burden on their finances. I’m here to help you recover compensation to pay medical expenses, rehabilitation, equipment and more. As a medical malpractice attorney with more than 40 years of experience, I’ll help you through the legal process to get the compensation you need and deserve. I will help you file a medical malpractice lawsuit against the healthcare professional responsible for the surgical negligence and “I’ll Make Them Pay!®”

Examples of Surgery Malpractice

Wrong-site surgery

Wrong-site surgery is a medical error in which a surgical procedure is performed on the wrong patient, the wrong body part, or the wrong side of the body. Although rare, this medical negligence is a distressing event that can have serious consequences for the patient. Possible issues include physical harm, emotional distress, and even death.

These surgical mistakes may be the result of a lack of formal systems/protocols to verify the site of the surgery, breakdown, or complete failure of the verification process.

Anesthesia errors

Anesthesia errors refer to mistakes made during the administration of anesthesia to patients, which can result in serious harm or even death. These errors can occur due to a variety of factors, including human error, faulty equipment, or system breakdowns.

Medical professionals can cause serious injury when there is an anesthesia mishap. If you were given too little anesthesia or too much anesthesia and were severely injured, call me for a free consultation.

Leaving surgical instruments inside the patient’s body

Leaving surgical instruments, such as sponges, knives, needles, or clamps, inside a patient’s body after a surgical procedure is a serious medical error. Leaving instruments or surgical prep material within the body can lead to catastrophic infections, and even death.

Accurate counts of instruments before and after surgery is very important. Managing factors such as fatigue, communication, noise, and interruptions during long or complex surgeries, can help reduce the incidence of these types of errors.

Infections

Infections can occur during surgery when germs enter the body through the surgical site. In some cases, these infections are caused by medical malpractice, due to the failure to properly clean the surgical site, properly sterilize surgical instruments or proper washing of the surgical team’s hands.

Going into surgery is stressful to begin with. I’ve seen just how devastating it is to awaken from surgery to learn you are now suffering further from medical malpractice injuries. If you or a loved one is a victim of surgical malpractice, call me today, and we’ll discuss your medical malpractice case.

Nerve damage

Surgery can cause nerve damage, which may result in a range of symptoms such as pain, tingling, weakness, and loss of sensation. Nerves can be damaged during surgery due to a variety of reasons such as compression, stretching, or cutting of the nerve tissue..

If nerve damage occurs during surgery due to negligence, it may be considered medical malpractice.

Bleeding complications

During surgery, bleeding complications can arise due to a variety of factors. The use of improper surgical techniques, surgical instrument malfunction, or medication errors are all negligent mistakes by health care providers. Bleeding can occur either internally or externally. This can cause complications, including organ and tissue damage, sepsis, and increased risk of cancer recurrence.

Bleeding complications during surgery may be attributed to surgery malpractice. If the hospital fails to keep you safe, call me, an experienced medical malpractice attorney for more than 40 years!

Failure to diagnose

A surgical failure to diagnose is when a surgeon fails to correctly identify a patient’s medical condition during surgery. This leads to improper treatment or no treatment at all. Misdiagnosis by be the result of lack of proper diagnostic testing, inadequate training or experience, or negligence on the part of the surgeon.

If a patient is harmed as a result of a surgical failure to diagnose, they may be able to file a medical malpractice lawsuit. Seeking compensation for damages such as medical bills, lost wages, and pain and suffering is your absolute right. Holding those responsible for your injuries accountable, is my right!

Inadequate postoperative care

Inadequate post-operative care refers to the failure of hospital staff to provide proper care and attention to a patient after surgery. This can include neglecting to monitor vital signs, failing to properly administer medication, and ignoring signs of complications or infections.

Medication errors

Post-operative medication errors refer to mistakes made in prescribing, administering, or monitoring medication given to a patient after surgery. These errors occur because of miscommunication among healthcare professionals, incorrect dosing, or prescribing the wrong medication.

If such errors result in harm to the patient, they can lead to medical malpractice claims. I’ll help you with your legal action against the healthcare provider responsible for the error that hurt you.

Lack of informed consent

A patient can sue for “lack of informed consent” after surgery if the doctor performed a different procedure from the one to which the patient agreed. This is a devastating realization post surgery, where future surgeries may be necessary to fix the problem.

Proving a lack of informed consent can be a factor in a medical malpractice case, but it may not be enough to win the case. No one should ever have to have a procedure that did not provide consent for. I understand how frustrating this can be. Call me anytime, and let’s discuss your case.

Surgery Malpractice Insurance

Doctors carry surgery malpractice insurance to protect themselves in case of a lawsuit filed by patients who suffered harm as a result of a surgery they performed. This type of insurance typically covers a range of expenses associated with defending and settling medical malpractice cases. Coverage includes medical malpractice lawyers fees, court costs, and settlement costs.

Surgery malpractice insurance can cover various surgical issues, including botched procedures, leaving instruments inside of patients, operating on the wrong body part, and others.

If a medical professional is sued for surgical malpractice, the insurance company will generally cover the costs of defending against the lawsuit. Doctors have this insurance to cover any damages that may be awarded if the medical professional is found liable.

Unfortunately, surgical errors happen, which is why doctors carry malpractice insurance. I have a long history as a medical malpractice lawyer, working with insurance companies to get my clients the compensation they deserve. I understand how hard it is to put your trust in a medical professional, only to come out of surgery with more problems that you went in with. Give me a call today, and “I’ll Make Them Pay!®”

Damages For Surgery Malpractice

Past and future medical treatment costs

A patient who sues for surgical malpractice may be entitled to compensation for past and future medical expenses. These expenses may include bills that arise from injuries caused by the malpractice, costs for medical treatment, medications, and rehabilitation services.

Reimbursement for lost income/earning potential

Reimbursement for lost income is a type of economic damage that a patient may be entitled to receive as a victim of surgical malpractice. The patient can be compensated for any wages or earnings they may have lost as a result of the injury caused by the malpractice. The amount of compensation will depend on factors such as the severity of the injury, the length of time the patient was unable to work, and the patient’s earning potential before the injury occurred.

To receive reimbursement, the patient must be able to provide documentation that shows how much income they lost due to the malpractice injury. Documentation and paperwork are an important part of all lawsuits. I’ll review all pertinent documents with you, and “I’ll Make Them Pay!®”

Pain and suffering

In a surgical malpractice case, reimbursement for pain and suffering may be sought as part of the settlement you are awarded. Pain and suffering refers to the physical and emotional distress you have experienced as a result of the malpractice injury. This can include things like the pain caused by the injury, the effects of any resulting disability or disfigurement, and emotional stress such as depression or anxiety.

Punitive damages

Punitive damages in a surgical malpractice case may be awarded for the purpose of punishing the defendant for particularly egregious or negligent conduct. Punitive damages are awarded in addition to compensatory damages and are meant to discourage future bad behavior, by making it financially harmful for the defendant.

In a surgical malpractice case, punitive damages may be awarded if the conduct of the healthcare provider was particularly egregious or reckless. Sometimes this happens in cases of intentional harm or willful misconduct. However, punitive damages are less frequently awarded in medical malpractice cases than compensatory damages.

Why Hire A Cleveland Medical Malpractice Lawyer

As a medical malpractice lawyer, I will handle the complicated paperwork, help you to understand the types of compensation you may be entitled to, and negotiating a settlement that is in your best interest. I have a long history of working with, and fighting with insurance companies to obtain the most compensation my clients are entitled to.

Hiring an experienced medical malpractice attorney like myself can also help you understand the legal process. There are requirements for proving negligence, and a statute of limitations for filing a lawsuit in Cleveland, Ohio.

I have more than 40 years of experience handling medical malpractice cases that you can count on, and “I’ll Make Them Pay!®”

ASK TIM A QUESTION
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The Law Offices of Tim Misny

3.7

Based on 130 reviews

14:32 20 Sep 23

Christine Filippelli

01:55 18 May 23

DeAndre Merritt

06:58 23 Mar 23

23:46 01 Aug 22

I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.

Jennifer Malainy

22:44 19 Jul 22

My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM MISNY and he will make them pay!! God Bless.

01:16 16 Feb 22

I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful, professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!

20:12 21 Jan 22

It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.

14:33 06 Dec 21

Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!

Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)

02:43 27 Nov 21

Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil Pursuits!City, State and Above State Level Situation .Pro Se !

12:56 04 Nov 21

Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.

Brandon Hagerdon

20:53 18 May 21

I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.

19:26 30 Mar 21

Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.

13:29 20 Jan 21

My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.

18:55 21 Dec 20

If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Tim

PJ Camargo/Authentik Movement Training

01:51 22 Oct 20

I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer & 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!

16:49 10 Oct 20

Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.

04:44 09 Oct 20

As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mike

21:02 04 Oct 20

Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.

Benjamin Firstenberg

19:32 28 Sep 20

I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.

01:13 30 Jun 20

I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.

00:16 17 Jan 20

WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!

ASK TIM A QUESTION
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THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127

Phone: 1-800-556-4769
Toll Free: 1-800-556-4769
Fax: 440-306-1600
Email: tmisny@misnylaw.com

Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.